The distress of commercial companies is considered one of the most critical stages leading to the liquidation and termination of the business. This danger increases in the context of poor management, stagnation, and the occurrence of crises and external circumstances that affect the company’s ability to cope. Rules regarding financial restructuring of distressed commercial companies may be regarded as the most prominent legal framework adopted by Emirati, Kuwaiti and French legislators to address the instability and distress of commercial enterprises and to provide solutions to mitigate the risk of bankruptcy and liquidation. It is a preventive measure aimed at reaching an agreement between the debtor and creditors to resolve the disturbances or difficulties faced by the company, which may affect its obligations to others. Therefore, financial restructuring is considered a mean of prevention and rescue for commercial companies, and the success of this rescue is linked to the debtor’s cooperation and seriousness in overcoming such issue.
This study aims to explore the precise characteristics of the issue of bequests, not solely from a jurisprudential perspective as is common among researchers, but also by linking it to its role in community development and progress. Bequests serve multiple functions that represent the ethical and cultural objectives of Sharīʿah [the ‘Divine Legislation’], which manifest in the process of uniting members of a single society. This is achieved through their contribution to building bonds of affection and compassion among individuals. Additionally, bequests have economic dimensions that consider the interests of the needy and provide them with resources to elevate their living standards. The study also presents a comparison between the contract of bequest an inheritance contract in Islamic Sharīʿah and secular laws, particularly Western ones. This is done by examining the mechanisms employed in enforcing bequests and understanding the interests sought in each, highlighting the distinct features of Islamic Sharīʿah in its consideration of kinship and both private and public interests, aiming to clear religious liability and via promoting community development while prioritizing moral and societal values. Accordingly, this study, in its examination of the subject, seeks to investigate the essence and objectives of bequests and extract the meanings endorsed by the majority of scholars who permitted bequests to heirs, conditional upon the consent of the remaining heirs. This approach considers both the significance of maintaining harmonious familial ties, and the positive impact this has on individual and community development. This will then be compared to some methods that strictly define inheritance in certain Western societies. The researcher employed both analytical and comparative methodologies, in line with the study’s requirements, noting that the nature of the research opens horizons for understanding the approaches of non-Islamic countries regarding the issue of wills, the importance of exploring the culture of the other and its foundational references, the impact of Islamic laws on others, and how the laws upon which Islamic legislations were established have benefited from Western legal obligations. This represents an extension that goes beyond legislative codification to a cultural exchange that allows us to build intellectual communication with the other, placing this research before a fundamental problem embodied in the following question: To what extent do bequests contribute to community development? And what are the communicative dimensions that comparative legislation on bequests with the other offers us?
The Convention on the Rights of Persons with Disabilities (CRPD) constitutes a crucial international framework that underscores the significance of inclusive education for individuals with disabilities, a vital goal for nations globally. This study seeks to examine the alignment of the recently established Saudi Law on the Rights of Persons with Disabilities (SLRPD) with the CRPD in the educational sector. The study employs a comparative analytical methodology to examine pertinent legal material and international treaties regarding inclusive education for individuals with disabilities. The findings indicate that the SLRPD substantially improves the rights of persons with disabilities by facilitating access to educational opportunities. Article 8 of the bill significantly enhances Saudi Arabia’s adherence to Article 24 of the CRPD objectives regarding inclusive education. The report emphasizes Saudi Arabia’s dedication to the ongoing evaluation and enhancement of its legal frameworks to facilitate access to educational opportunities for disabled children and youth. Under Saudi Arabia’s Vision 2030, the Kingdom has made significant strides in assisting those with disabilities, aligning with worldwide norms and its strategic goals. The research advises nations to intensify their initiatives for inclusive education by bolstering intersectoral collaboration, amplifying awareness activities, and cultivating relationships with international organizations. These measures will not only guarantee ongoing adherence to the CRPD but will also empower persons with disabilities to attain sustainable educational opportunities.
The purpose of this paper is to suggest some ways and mechanisms for creating long-term peace based on sustainable development of the world and the purpose of the work is to develop recommendations aimed at counteracting the emergence of dictatorial regimes that were legitimately established. Five common features of such dictators have been identified, namely: coming to power in a legitimate way, using manipulative technologies, openly declaring their aggressive intentions, gradually implementing their aggressive intentions, creating a military potential with the active participation of developed countries, including those with established democracies. The reasons for the creation of dictatorial regimes are substantiated, namely: the imperfection of electoral legislation, excessive conservatism of legislation, insufficient determination and timeliness of countering the strengthening of dictatorships, “national egoism”, the unscrupulousness of dictators in their foreign and domestic policies. It was determined that in order to actively oppose dictatorial regimes, it is necessary to: improve the system of elections to the highest positions and to the legislative bodies of the state, put a strong barrier against manipulative technologies and fakes, through the improvement and effective application of international legislation with the involvement of artificial intelligence, determine the strategy of relations with dictators in all directions in advance: economic, diplomatic, sports, scientific and technical, etc., establish the scope of relations in direct proportion to the index of democracy in a country with an authoritarian regime and, in order to prevent negative consequences on the economy and social condition of the society of one’s country, determine and carefully regulate import and export activities. It is proposed to start an indicator of the effectiveness of the head of state and an internal truth index of the head of state, as well as measures for moral stimulation of heads of state. As a result of the study, two root causes of threats to the existence of humanity were additionally identified, which directly affect the formation of dictatorial regimes. 1) The emergence on the basis of modern information technologies of a powerful system of manipulative technologies, the use of which leads to the power of future dictators. 2) Belated opposition of the democratic world to the formation of dictatorships. This is expressed in condescension to the initial illegal actions of future dictators, uncontrolled cooperation in the economic, political and humanitarian spheres. Two key mechanisms for achieving sustainable development and long-term peace are proposed.
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